Revolutionary War Pension and Bounty Land Warrant Application File R. 3064, James Downey, N.C.

SERVICE
NUMBER
N.L.
Downey James.
R. 3064
Born in N.C.
CONTENTS

Declaration, in order to obtain the benefit of the Act of Congress, passed June 7 th 1832. - State of North Carolina Granville County ss.
On this 5 th day of November A.D. 1832 personally appeared in open court, before John C. Taylor Thomas A. Willie and David Royal Coady members of the court of Pleas and quarter Sessions, now sitting in and for the county and state aforesaid James Downey Sen. Esquire, a resident of said county and state, aged sixty nine years on the 16 th March 1832, who being first duly sworn according to law, doth on his oath, make the following Declaration, in order to obtain the benefit of the act of Congress passed June 7 th 1832. -
That he entered the service of the United States under the following officers and served as herein stated -
In the summer of Early in the fall of 1780 a Company of Militia was raised in Granville County under the Command of Joshua Coffee as Captain. The other officers cannot recollect distinctly - But on the condition each person would find his own horse and join the Light Horse three four of three months should be performed & completed by two months service - This applicant volunteered and found his own horse The Regiment was commanded by Phil Taylor as Colonel and William Hanks as Major - From Hillsborough we were marched to Bells Mills on Deep River, where we scoured the country to keep the disaffected and Tories in check - After performing service here for some time we were marched to Salisbury where our Regiment was placed under the Command of Col. William R. Davis Thence we marched to Pipers Mills where we remained on duty so long

as the British retained possession of the town of Charlotte - as soon as that town was evacuated by the Enemy, our Regiment was marched in their rear - some distance beyond Charlotte we flanked off to the left - In the course of our service we were in the Waxhawes, on Twelve Mile Creek and finally were stationed for a considerable time on Six mile Creek where the American army were encamped - Upon the expiration of our Term of Service we were duly discharged and I never had a Home - I am not certain that I ever had a discharge for this term of duty, but if I had one, it is lost or mislaid - My service in this town I expect to prove by the testimony of Col. William Hunt who was Maj. of our Regiment and by the testimony of James Terry & Allen Stewart who were soldiers in the same.
The second term was early in the year 1781 - As in the first term I volunteered and found my own Horse and it was agreed that a term of two months in the Cavalry spending my own Horse should entitle me to a discharge for three months service - The company to which I belonged was commanded by Wm Thomas as Captain, Phil Thomas as Lieutenant and I think by Charles Thomas as Ensign - The Regiment to which our Company belonged was commanded by Col. Walmady a Frenchman, and by Pleasant Henderson as Major - Our Company not being in readiness to join the Regiment at Hillsborough, when it left that place to join Genl. Greene's Army, we were marched onwards in pursuit of it - We were unable to fall in with Col. Walmady.

Regiment, but traveled on and came up to the American Army when it lay at the High Rock on Haw River - We continued the search for our Regiment and were within about Twenty Miles of Guilford Court House when we heard the report of the Artillery at the Battle - We were not in the Battle, but in a day or two afterward fell in with Col. Malmady and his Regiment - From that time we were hovering round & reconnoitering the British army until it was stationed at Ramsay's Mills on Deep River - Here it was that an affair took place in which a detachment of our force took three Hessian or Prisoners who were on sentry - This affair was very near to Benjamin Hester when he with his Rifles had nearly killed one of these Hessian by a Blow - After Cornwallis moved Deep River our Regiment continued to hover round and after him and continued the chase down the Cape Fear River until the British effected their retreat to & arrival at Wilmington - Here and in the country round about we continued on duty in keeping the Forces in check until our Term of Service Expired when we were discharged - I am not certain that I received a discharge but if I did it is lost or misplaced as the other one has been -
This affair was born in the county of Granville as he is informed on the 16 th of March 1763 within a short four miles of his present Residence where he has continued to reside ever since. He of course lived in that county when these two Terms of duty were performed.

The Service in the last-mentioned will be able to prove by the testimony of Benjamin Austin (O.) and Shadrack Owens two brother Soldiers in the same Regiment. The Register of his age is in the possession of Col. James W. Smith his brother in law who lives in Jackson County & State of Tennessee, to whom house the father of this affiant removed a short time before his death -
In answer to the interrogatories prescribed in the Instructions of the War Department given before stated, the time & place of my birth; and where I lived when I entered the Service and where I now live; How and in what manner I entered the Service; the names of the Officers under whom I served so far as I can recollect them, and the general circumstances of my service; I have also spoken of my Discharges, and I now proceed to state that the names of the persons in my present neighborhood to whom I am known, and who can testify as to my Character for veracity and their belief of my Services as a Soldier of the Revolution, viz. Col. William Hunt, James Terry, Allen Howard, Shadrack Owens, Benjamin Austin (O.) - There are others who have removed to the South West, where testimony is very inconvenient to procure - Subscribed & sworn to in open Court
Upon a conversation with Col. Hunt this day I am constrained and in duty bound to make the following correction of the Statement I have heretofore made - In the first-mentioned I have stated that I entered the Service for three months & was to be discharged upon a Service of two months as I found my own Horse and performed duty in the Cavalry. In correction of this Statement heretofore, I now state that I entered the Service in the latter part of the month of August 1780 and continued in Service and did not return home until a few days before Christmas of the same year - The reason of this

Detention in Service will be stated by Col. Hunt in his affidavit whose memory is more attentive than my own viz. That Col. Davis, being unwilling to discharge us in the then helpless exposed condition of our Army until recruits and reinforcements should arrive, kept us on duty for two months after our term of Service had expired - This service would entitle me to a discharge for six months Service - and we were not discharged until the arrival of Genl. Smallwood and the regulars under his command - Subscribed & sworn to the date above
J. D. Downey Ser
He relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state or Territory - Subscribed & sworn to the date above - J. D. Downey Ser
Col. William Hunt aged twenty five years was the born on 27 th Dec r 1757 a resident of Granville County hereby certifies that he is & has been long well acquainted with James Downey Ser t En g who has subscribed and sworn to the above declaration That he thinks he has correctly stated his age & further certifies that the this affidavit was a Maj t in the Regiment of Light horse that was raised in North Carolina & sent under Col. Phil Taylor himself in aid of the American army near Charlotte in the fall of 1780 - That he remembers well the said James Downey as a Soldier in this regiment - that his Captain was Joshua Coffee - That the term of Service was for three months, but in case the Soldier would find his own horse perform duty in the Cavalry that a Service of two months should entitle him to a discharge for three months Service - That the helpless and destitute situation of the American Army at this time induced Col. Davis who had command of the two North Carolina Regiments of Cavalry then on duty, to detain them on duty until the Regulars

that had promised from the North should arrive. - Under this necessity Col. Davis did detain and keep on duty these two Regiments about two months after they were entitled to their discharge and until Genl. Smallwood joined the American Army with the Regulars under his command - Then being in force to defend themselves from the Enemy, these two Regiments were sent homeward and regularly discharged - That is as the men in service would arrive to a point near their place of living they would be discharged -
I am confident that I did not arrive at home until a very few days before Christmas - I think we entered into service in the latter part of August & were discharged as I have before stated - I have no doubt of the truth of the statement made by Mr. Downey of the other service he has stated, but has no personal knowledge of it - I further testify that said Downey is a man of high character for veracity and truth - subscribed & sworn to in open court
Wm. Hurst
James Terry Swt. born the 8 th day of August 1758, a resident of Granville County makes oath that he has heard the foregoing affidavit of James Downey Swt. as far as relates to the first ten of duty stated in his foregoing declaration, read, and he states that the said James Downey Swt. was a soldier in the Regiment of Cavalry ordered in duty in 1780 under the Command of Col. Phil Taylor John Dickerson Lieutenant Col. and William Hurst as Major - The Company to which said Downey was attached was commanded by Capt. Joshua Coffee - I was a private in the same Regiment & in the Company commanded by Capt. Samuel Hunt
This affiant further certifies that the statement of the said Downey & Col. William Hurst in relation to the Town before spoken of in 1780 he does concur with them in the main in their said statement -

I further certify that said James Downey Sen d is a man of high character for veracity & Truth - Subscribed & sworn in open Court
James Terry Sen d
Shadrack Owens aged seventy two on the 12 th day of December 1832, a resident of Franklin County, makes Oath that he has  has heard the declaration of James Downey Sen d as far as relates to the War in 1781 under the Command of Col. Malmady - That he this affiant was a Soldier in the same Regiment, and same Company with James Downey Sen d and served throughout the full term -
This affiant further certifies & declares his full and entire knowledge knowledge in the facts set forth by him said Downey in the Declarations as stated - He further certifies that said Downey performed the duty he has described in this form in the manner as stated by him - I further certify that said Downey is a man of high character for veracity & Truth -
Subscribed & sworn to in open Court
Shadrack Owens
Allen Howard born in the 16 th day of February 1763 a resident of Franklin County makes Oath that he was a Private in an Expedition to Charlotte and the Country round about in the fall of 1780 - That he entered the service in the Infantry under Capt. Gilliam and that he well knew that James Downey Sen d was a Private in Capt. Griffiths company of Cavalry commanded by Col. Phil Taylor in the same Expedition - That he knows that he was on duty and doubts not that he served his full term - This affiant further certifies that James Downey Sen d has always sustained the character of an honest man and one of strict veracity & Truth -
Subscribed & sworn to in open Court
Allen Howard

Benjamin Hester (O) being duly sworn according to law, testifies & declares on oath in open Court this 9 th day of November 1832, That he was a Private in Captain John Taylor's company of Cavalry in the Regiment commanded by Col. Malmady Lieut. Col. Dickerson & Maj. Hunt as set forth in the foregoing declaration of James Downey Rev. Esq. - That he is well acquainted with the said Downey and will recollect the services of said Downey as set forth by him in his declaration - This affiant fully certifies and corroborates the facts set forth in his said declaration in the Town under Col. Malmady -
subscribed & sworn to in open Court the date above
Benjamin his Hester
And the said Court do hereby declare their opinion after the investigation of the matter, respecting the questions prescribed by the War Department, answers to which have been given and incorporated in said declaration that the said James Downey Rev. Esq. was a Revolutionary Soldier and served as he states -
And the Court further certifies, that it appears to them that Col. William Hurd, James Terry Rev. Theodrick Aver, Allen Howard & Benjamin Hester (O) who have subscribed & sworn to the foregoing affidavits are residents of Granville County and are credible persons and that their statement is entitled to credit
Shadrach Parish
William Harris
James L. Wortham
State of North Carolina Granville County
I Stephen H. Reed Clerk of the Court of Pleas and Quarter Sessions for the County and State aforesaid: Do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Downey Rev. Esq. for a Pension -
In testimony whereof I have hereunto set my hand and seal of Office in Oxford this the 9 th day of November A.D. 1832.
Stephen H. Reed Off.

17628 Granville County N Carolina James Downey
Reynolds — Send only 4 months — full to St. Ineed. bth 6 o Granville Co N.C. Apr 30 1833

BRIEF in the case of James Downey  James Downey County of Granville in the State of (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 69  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Vol In 1780 2 private Gen. Col Taylor Capt Coffee other officers not recollected   Vol 1781 2 Col Malmaduy  
 5. In what battles was he engaged?  6. Where did he reside when he entered the service? Granville County N. Carolina  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? by living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Jno S. Atton
Examining Clerk.

R. 3064
May 30, 1929.
H. M. Steely, First National Bank Building, Danville, Illinois.
Sir:
I advise you that from the Revolutionary War records of this bureau it appears that James Downey was born March 16, 1763 in Granville County, North Carolina.
He applied for pension November 6, 1832 at which time he was a resident of Granville County, North Carolina, where he had always lived, and stated that he enlisted in August 1780 and served two months as private in Captain Joshua Coffee's Company, Colonels Phil Taylor and William R. Davie's North Carolina Regiment, and that he enlisted early in 1781 and served two months as private in Captain William Thomas' Company, Colonel Malmedy's Regiment and was in an engagement at Ramsour's Mill .
At the time of his application for pension, he signed James Downey, Senior.
His claim was not allowed as he did not serve six months as required by the pension laws.
It is not stated whether he ever married.
not 4 and 1/2 months
I wrote it there as that office states in his application that he served 4 mos. 21 days. + 14 days. He says "did not serve 6 mos." but the Sec. + witness say that he served 4 mos. 21 days in 1st Reg. and not just 2 mos.

Soldier's brother-in-law, Colonel James W. Smith, was living in Jackson County, Tennessee in 1832 and the soldier's (James Downey, Sr.) father died at the residence of said Colonel Smith, but his name and date of death are not given, nor is the name of Colonel Smith's wife stated.
This is the history of the only James Downey found on the Revolutionary War records of this bureau.
Respectfully,
E. W. MORGAN, Acting Commissioner.

STEELY & STEELY LAWYERS
FIRST NATIONAL BANK BUILDING DANVILLE, ILL.
H. M. STEELY H. M. STEELY, JR. NOTARY
Danville, Illinois, May 15, 1929
Commissioner of Pensions, Washington, D. C.
Dear Sir:
I have recently been informed that my great-great-grand-father, James Downey , was a soldier in the war of the Revolution, I think from the State of Maryland, and that he probably drew a pension, as he was old at the time of service and had at least three sons, John, Edward and Patrick in the War, John becoming a Captain. If he was granted a pension, will you kindly give me what the records show, and any information as to his family contained in his application. If there is any fee, I will be glad to reimburse you for the service.
Some of his descendants here in the West want to join the Sons of the Revolution, and some the Daughters of the American Revolution. Thanking you in advance for anything you can give me, I am,
Very truly yours,
H. M. Steely.

J. H. Inued
blk. Granville co
Oxford N.C.
apl. 30. '33 -
O.C.
3
Re. vol. 9
P. 143,

Dept of War P.O. Apr 30/1933
Sir,
The claim of James Downey has been examined and rejected upon the ground that none are entitled to the benefits of the Act of June 7 1932, who did not serve or wait six months—
The applicant alleges he has only performed two terms of two months each—
The papers are placed in the files of this office—
St. Francis B.C. P.O. Box 100 Granville Co. N.C.

James Downey BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of James Downey which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? citizens only XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes XVI. ‡ Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeh and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
† QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡ QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

3064.
P. O. _____
James Downey
Service: _____
Enlisted: _____ REJECTED _____, 18
Discharged: _____, 18
Application filed: _____, 18
The printed list of 1852
Alleges: Gives as cause of rejection = "Did not serve"
Re-enlisted: six months."
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18
1929-May 20-With 20 N. M. Sledley. mmh

N o 17628 James Towney N o 67
Rejected - see letter to S. K. Ineed of the 30th April 1833 -
3064